Can my ex get full custody of our 2 children because I am dating a felon. He served his time. He was paroled and finished his probation. I want to move in with him with my 2 children. And he wants to get custody. Can he do that? My boyfriend has assault charges child neglect charges. But at the time he was on drugs. But he has been clean 2 years. And he is a wonderful hard working person.
Your husband has every right to keep his children safe from a guy with a child neglect and assault conviction.
We cannot say for sure how this will come out in court. The judge will have to decide what is in the best interest of your children based on the testimony and evidence presented in court. Judges have wide discretion in making a determination of custody. There is nothing you can do to undo the past and I would caution you on trying to defend his past actions as a court has already adjudicated those criminal matters. Based on my experience it is quite possible that the judge would air on the side of caution and not allow this man to be in the presence of your children. If you are living with him that would definitely change the current custody arrangement. The judge may very well see this as you choosing your boy friend over your children. These two criminal convictions are crimes that would definitely cause great concern for the court. You will be taking a huge risk by choosing to live with your boy friend.
Both previous attorneys are absolutely correct. Most courts will err on the side of caution when children are involved. You are perfectly free to mint your life. However, in this situation, you may well be doing so without having children reside with you. Dad has every right to prevent his children from being in a totally preventable and possibly foreseeable situation. Two years is great, but it's not necessarily constitute complete eradication of your boyfriend's issues. It's only a start and him being placed in an environmentI that has previously triggered him is risky for him and your children. Another thing is that courts sometimes frown on children residing with non family members. If you guys were married, it might make a sought difference although his previous record will play a role and likely weigh heavily in favor of child safety.
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